The State Board of Dental Examiners (Board) proposes amendments to §110.6, concerning deep sedation and general anesthesia requirements. The proposed amendments will clarify the Board's requirements of who is a qualified individual as described in §110.6.

Julie Hildebrand, Executive Director, has determined that for the first five-year period the proposed rule is in effect, there will not be any fiscal implications for state or local government as a result of enforcing or administering the amendments to the rule.

Ms. Hildebrand has also determined that for the first five-year period the proposed rule is in effect, the public benefit anticipated as a result of administering the rule will be to protect the public health and safety. Ms. Hildebrand has determined that for the first five-year period the proposed rule is in effect, there are no foreseeable costs to persons or small businesses who are required to comply with the rule. There is no foreseeable impact on employment in any regional area where the rule is enforced or administered.

Comments on the proposed rule may be submitted to Sarah Carnes-Lemp, General Counsel, 333 Guadalupe, Suite 3-800, Austin, Texas 78732; fax: (512) 463-7452; e-mail: sarah@tsbde.texas.gov no later than 30 days from the date that the proposed rule is published in the Texas Register.

The amendments are proposed under Texas Occupations Code §254.001(a), which gives the Board authority to adopt rules necessary to perform its duties and ensure compliance with state laws relating to the practice of dentistry to protect the public health and safety.

No other statutes, articles, or codes are affected by the proposed amendments.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.